Simmons v. . More
New York Court of Appeals
Appeal from judgment of the General Term of .the Court of Common Pleas of the city and county of Hew York, entered upon an order made March 15, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover damages for alleged breach on the part of defendants of an implied warranty of authority to execute a contract of purchase made by them ostensibly as agents for, and on behalf of, principals named.
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Appeal from judgment of the General Term of .the Court of Common Pleas of the city and county of Hew York, entered upon an order made March 15, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover damages for alleged breach on the part of defendants of an implied warranty of authority to execute a contract of purchase made by them ostensibly as agents for, and on behalf of, principals named. The material facts are stated in the opinion. If defendant had no authority to contract, then the memorandum of sale was not signed by the…
1Opinion of the CourtDanforth, J.
The trial court refused to nonsuit the plaintiffs, and so held that the case stated and proved by them was prima facie sufficient to make the defendants liable. That conclusion has been sustained by the General Term and we think properly. The evidence showed that the plaintiffs were coffee dealers in the city of Hew York, and the defendants brokers in the same place. The latter were in correspondence with other brokers (Turnley & Co.) of the city of Galveston, Texas, and prior to the 6th of March, 1882, received from them orders to buy a certain quantity of coffee for the firm of Marx &…
2Cases cited1 opinion
- Baltzen v. . NicolayNew York Court of Appeals · 1873
3Cited by4 opinions
- Salmon v. The SerapisDistrict Court, S.D. New York · 1889
- Mendelsohn v. HoltonMassachusetts Supreme Judicial Court · 1925
- Dorman v. BoehringerCourt of Appeals of Texas · 1917
- Murray Oil Products Co. v. Poons Co.City of New York Municipal Court · 1947